Bharat Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27414 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- SAHARGHAT District- Madhubani ====================================================== Bharat Paswan, S/o Mahendra Paswan, resident of Village- Pipraun, P.S.- Harlakhi, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ratanakar Jha For the Opposite Party/s :

Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case, in short, is that 246 liters wine is recovered.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.3.2018 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. It is alleged that 246 liters wine is recovered from the car in question. The car in question does not belong to the petitioner. The name of the

Patna High Court Cr.Misc. No.27414 of 2018(2) dt.04-05-2018 2/2 petitioner has transpired in the present case on the basis of disclosure made by one Suresh Sahani. There is no compliance of Section 100 Cr.P.C. Other co-accused has been granted bail vide Annexure-2 to the present application.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R/complaint case. Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II-cum- Special Judge, Excise Act, Madhubani in connection with Shahar Ghat P.S. Case No. 40/2018.

(Sudhir Singh, J) Pankaj/- U T